Gov challenges EPA’s ‘arbitrary’ deferral of state ozone plan
CHEYENNE — On April 5, Gov. Mark Gordon, through the Attorney General’s Office, submitted to the 10th Circuit Court a petition for review of the Environmental Protection Agency’s (EPA) decision to defer action on the State of Wyoming’s state implementation plan (SIP) for ozone transport. This follows the March 14 petition by Wyoming to reconsider and stay the effect of the EPA’s deferral disapproval of the state’s plan.
The petition argues the EPA arbitrarily deferred Wyoming’s SIP by overlooking their own ozone modeling data and applying it differently to Wyoming than in their decisions on other states.
“Wyoming is not a significant contributor to ozone pollution in our neighboring states. Data support the work that went into our state plan,” Gov. Gordon stated. “This is yet another example of this Administration picking and choosing examples which are intended to punish fossil energy-producing states.”
Gov. Gordon previously discussed with EPA Administer Micheal Regan that the current ozone transport rule violates the principles of cooperative federalism, does not accommodate all forms of energy development and is disproportionately applied to western states.